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South
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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Financial Management of
Parliament and Provincial Legislatures Act, No. 10 of 2009
[...Title amended by Act 2014_034_021_20140901 - was entitled "Financial Management of Parliament Act, 2009"]
Long title
To regulate the financial management of Parliament and provincial legislatures in a manner consistent with its status in terms of the Constitution; to ensure that all revenue, expenditure, assets and liabilities of Parliament and provincial legislatures are managed efficiently, effectively and transparently; to provide for the responsibilities of persons entrusted with financial management in Parliament and provincial legislatures; ; [sic - punctuation] and to provide for matters connected therewith.
______________
[Act 2009_010_073_20140901 Long title amended by Act 2014_034_023_20140901 wef 0000/00/00 ito GG00000000_00000]**
Table of contents
Legislation Text Access Point
[...Title amended by Act 2014_034_021_20140901 - was entitled "Financial Management of Parliament Act, 2009"]
Long title
To regulate the financial management of Parliament and provincial legislatures in a manner consistent with its status in terms of the Constitution; to ensure that all revenue, expenditure, assets and liabilities of Parliament and provincial legislatures are managed efficiently, effectively and transparently; to provide for the responsibilities of persons entrusted with financial management in Parliament and provincial legislatures; ; [sic - punctuation] and to provide for matters connected therewith.
______________
[Act 2009_010_073_20140901 Long title amended by Act 2014_034_023_20140901 wef 0000/00/00 ito GG00000000_00000]**
Table of contents
| SECTION | TITLE |
| PREAMBLE | |
| CHAPTER
1. INTERPRETATION AND OBJECTS |
|
| 1. | Definitions |
| 2. | Objects
of this Act |
| 3. | Application
of the Act to provincial legislatures [...was entitled "Norms
and standards for provincial legislatures"] |
| CHAPTER
2. OVERSIGHT, EXECUTIVE AUTHORITY AND ADMINISTRATION OF ACT |
|
| Part 1. Oversight mechanism | |
| 4. | Oversight
Mechanism |
| Part 2. Executive Authority | |
| 5. | Executive
Authority |
| Part 3. Administration of Act | |
| 6. | Accounting
Officer |
| 7. | General
financial management functions |
| 8. | Performance
of Accounting Officer |
| 9. | Acting Accounting Officer |
| 10. | Delegation
of powers and duties by Accounting Officer |
| 11. | Responsibilities
of officials |
| 12. | Fiduciary
responsibilities |
| CHAPTER 3. PLANNING AND BUDGETING | |
| 13. | Preparation
of strategic plan, annual performance plan and budget |
| 14. | Strategic
plan |
| 15. | Annual
performance plan |
| 16. | Annual
Budget |
| 17. | Submission
of drafts of strategic plan, annual performance plan and budget |
| 18. | Annual
appropriations and approvals |
| 19. | Expenditure before Parliament’s annual budget is passed |
| 20. | Unauthorised
expenditure |
| 21. | Unauthorised
expenditure of own resources [...was entitled "Unauthorised
expenditure of donor funds"] |
| 22. | Virement
between main divisions within the approved budget |
| 23. | Retention
of unspent funds and return of unspent funds for direct charges [...was entitled "Treatment
of unspent funds"] |
| CHAPTER 4. CASH MANAGEMENT AND INVESTMENT | |
| 24. | Cash
management and investment policy |
| 25. | Opening
of bank accounts |
| 26. | Control
of bank accounts |
| 27. | Withdrawals
from bank accounts |
| 28. | Restrictions
on borrowing, guarantees and other transactions |
| 29. | Requisitioning
of funds by Accounting Officer |
| CHAPTER 5. FINANCIAL MANAGEMENT | |
| 30. | Asset
and liability management |
| 31. | Revenue
management |
| 32. | Management
of debtors |
| 33. | Expenditure
management |
| 34. | Support
for Members and political parties |
| 35. | Transfers |
| 36. | Budget
implementation |
| 37. | Executive
directive with financial implications |
| 38. | Impending
shortfalls and overspending |
| CHAPTER 6. SUPPLY CHAIN MANAGEMENT | |
| 39. | Application of this Chapter |
| 40. | Supply
chain management policy |
| 41. | Implementation
of supply chain management policy |
| 42. | Unsolicited
offers |
| 43. | Tenders
not recommended |
| 44. | Members
of Parliament barred from serving on tender committees |
| 45. | Interference |
| 46. | Prohibition on
contracts |
| CHAPTER 7. AUDIT COMMITTEE AND INTERNAL AUDIT UNIT | |
| 47. | Establishment
of audit committee |
| 48. | Functions of
audit committee |
| 49. | Allegations against Accounting Officer |
| 50. | Internal audit
unit |
| CHAPTER
8. REPORTING AND AUDITING |
|
| Part 1. In-year reporting | |
| 51. | Monthly
financial statements |
| 52. | Quarterly
performance reports |
| 53. | Mid-year
budget and performance assessment |
| 54. | Submission of
reports to an oversight mechanism |
| Part 2. Annual report, financial statements and auditing | |
| 55. | Preparation of
annual reports |
| 56. | Preparation of
financial statements |
| 57. | Submission of
annual financial statements |
| 58. | Auditing of
annual financial statements |
| 59. | Submission of annual report |
| 60. | Tabling and
consideration of annual report |
| 61. | Issues raised
in audit reports |
| 62. | Consequences
of non-compliance with certain provisions |
| Part 3. General reporting responsibilities | |
| 63. | Reporting of
irregularities |
| 64. | Other
information |
| CHAPTER 9. REGULATIONS AND INSTRUCTIONS | |
| 65. | Regulations |
| 66. | Instructions |
| CHAPTER
10. FINANCIAL MISCONDUCT |
|
| Part 1. Disciplinary proceedings | |
| 67. | Financial
misconduct by Accounting Officer |
| 68. | Financial
misconduct by officials |
| Part 2. Criminal proceedings | |
| 69. | Offences |
| 70. | Penalties |
| CHAPTER 11. MISCELLANEOUS | |
| 71. | Liability of
functionaries exercising powers and functions in terms of this Act |
| 72. | Repeal of
legislation |
| 73. | Short title
and commencement |
| Sch. 1 | [...repealed by Act
2014_034_022_20140901 - was entitled :SCHEDULE 1. NORMS AND STANDARDS
FOR PROVINCIAL LEGISLATURES"] [s1; s3] |
| Sch. 2 | SCHEDULE 2. CODE OF ETHICS FOR MEMBERS OF THE EXECUTIVE AUTHORITY [s1; s5] |
| Sch. 3 | SCHEDULE 3. MATTERS THAT MUST BE COVERED IN PARLIAMENT’S SUPPLY CHAIN MANAGEMENT POLICY [s1; s40] |
| Sch. 4 | SCHEDULE 4. TRANSITIONAL ARRANGEMENTS [s1; s73] |
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